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Maso v. State of New Mexico Taxation and Revenue Dep't7/14/2004
to have them translated or explained.
We therefore agree with those cases from other jurisdictions that have held that an English-language notice puts the non-English-speaker on inquiry notice to have the notice translated and, for that reason, satisfies due process. See, e.g., Soberal-Perez v. Heckler, 717 F.2d 36, 43-44 (2d Cir. 1983); Guerrero v. Carleson, 512 P.2d 833, 835-37 (Cal. 1973); People v. Villa-Villa, 983 P.2d 181, 182-83 (Colo. Ct. App. 1999); Alonso v. Arabel, Inc., 622 So. 2d 187, 188 (Fla. Dist. Ct. App. 1993); Hernandez v. Dep't of Labor, 416 N.E.2d 263, 266-67 (Ill. 1981); Vasquez v. State, 700 N.E.2d 1157, 1159 (Ind. Ct. App. 1998). Like the Court of Appeals, however, we do not accept all the reasoning advanced in some of those cases, particularly the argument that English is always adequate because this is an English-speaking country. See, e.g., Guerrero, 512 P.2d at 835. Indeed, our state constitution and statutes recognize the need for Spanish in some circumstances and the use of Spanish in other contexts. See N.M. Const. art. XII, § 8 (providing that the legislature shall provide for the training of teachers in public schools in English and Spanish to qualify them to teach English to Spanish-speaking students); N.M. Const. art. XX, § 12 ("For the first twenty years after this constitution goes into effect all laws passed by the legislature shall be published in both the English and Spanish languages and thereafter such publication shall be made as the legislature may provide."); NMSA 1978, § 14-11-11 (1923) (requiring publication of certain local proceedings and providing that when the local population is "not less than seventy-five percent Spanish speaking" publication in Spanish is sufficient). None of those provisions require Spanish-language notice in this context, and for that reason they do not alter the federal constitutional analysis.
IV. Conclusion
Because Petitioner first asserts his state constitutional claim to this Court, we hold that the argument is not properly preserved, and we do not reach it. Further, we affirm the Court of Appeals, which held that the federal due process clause does not require that the notice of an administrative license-revocation hearing which has been personally served upon a person arrested for driving while intoxicated be provided in both English and Spanish.
IT IS SO ORDERED.
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